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Illinois State Law

Illinois Laws and Rules Intertwining Schools and Vaccinations

This page provides the text of the statutes which require children to be vaccinated. It also includes the regulations made by the Department of Public Health pursuant to the Illinois General Assembly delegating the authority to make rules. In short, the laws require all students to present proof of immunization to their schools.

Exceptions to mandatory vaccination laws:

The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his or her religious tenets or practices, or

A physician licensed to practice medicine in all its branches states in writing that the physical condition of the child is such that the administration of one or more of the required immunizing agents is medically contraindicated.

If a religious objection is made, a written and signed statement from the parent or legal guardian detailing such objections must be presented to the child care facility or local school authority. The religious objection statement shall be considered valid if:

The parent or guardian of a child entering a child care facility objects to the immunization(s) on the grounds that they conflict with the tenets and practices of a recognized church or religious organization of which the parent is an adherent or member; or

The objection by the parent or guardian of a child entering school (including programs under the kindergarten level) sets forth the specific religious belief which conflicts with the immunization(s). The religious objection may be personal and need not be directed by the tenets of an established religious organization.

It is not the intent of this Part that any child whose parents comply with the intent of this Act should be excluded from a child care facility or school. A child or student shall be considered to be in compliance with the law if there is evidence of the intent to comply. Such evidence may be a signed statement from the physician that he has begun, or will begin, the necessary immunization procedures, or the parent’s or guardian’s written consent for the child’s participation in a school or other community immunization program.

Illinois School Code

Section 27-8.1 set forth here requires all children to present proof of their vaccinations to their own school, whether public or private. Currently, Section 26-1 of the School Code requires all children in Illinois to attend a public school unless they attend a private school. A homeschool is considered to be a private school. Note: in 2002, the State proposed an amendment to section 26-1 which stated that parents would have to supply their local public school with evidence of vaccinations when the child is privately enrolled. This proposed amendment was withdrawn and not enacted into law.

(105 ILCS 5/27-8.1)

Sec. 27-8.1. Health examinations and immunizations.

In compliance with rules and regulations which the Department of Public Health shall promulgate, and except as hereinafter provided, all children in Illinois shall have a health examination as follows:
within one year prior to entering kindergarten or the first grade of any public, private, or parochial elementary school; upon entering the fifth and ninth grades of any public, private, or parochial school; prior to entrance into any public, private, or parochial nursery school; and, irrespective of grade, immediately prior to or upon entrance into any public, private, or parochial school or nursery school, each child shall present proof of having been examined in accordance with this Section and the rules and regulations promulgated hereunder. A tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. Additional health examinations of pupils, including dental and vision examinations, may be required when deemed necessary by school authorities. Parents are encouraged to have their children undergo dental examinations at the same points in time required for health examinations.

The Department of Public Health shall promulgate rules and regulations specifying the examinations and procedures that constitute a health examination and may recommend by rule that certain additional examinations be performed. The rules and regulations of the Department of Public Health shall specify that a tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. Physicians licensed to practice medicine in all of its branches, advanced practice nurses who have a written collaborative agreement with a collaborating physician which authorizes them to perform health examinations, or physician assistants who have been delegated the performance of health examinations by their supervising physician shall be responsible for the performance of the health examinations, other han dental examinations and vision and hearing screening, and shall sign all report forms required by subsection (4) of this Section that pertain to those portions of the health examination for which the physician, advanced practice nurse, or physician assistant is responsible. If a registered nurse performs any part of a health examination, then a physician licensed to practice medicine in all of its branches must review and sign all required report forms. Licensed dentists shall perform all dental examinations and shall sign all report forms required by subsection (4) of this Section that pertain to the dental examinations. Physicians licensed to practice medicine in all its branches, or licensed optometrists, shall perform all vision exams required by school authorities and shall sign all report forms required by subsection (4) of this Section that pertain to the vision exam. Vision and hearing screening tests, which shall not be considered examinations as that term is used in this Section, shall be conducted in accordance with rules and regulations of the Department of Public Health, and by individuals whom the Department of Public Health has certified.

Every child shall, at or about the same time as he or she receives a health examination required by subsection (1) of this Section, present to the local school proof of having received such immunizations against preventable communicable diseases as the Department of Public Health shall require by rules and regulations promulgated pursuant to this Section and the Communicable Disease Prevention Act.

The individuals conducting the health examination shall record the fact of having conducted the examination, and such additional information as required, on uniform forms which the Department of Public Health and the State Board of Education shall prescribe for statewide use. The examiner shall summarize on the report form any condition that he or she suspects indicates a need for special services. The individuals confirming the administration of required immunizations shall record as indicated on the form that the immunizations were administered.

If a child does not submit proof of having had either the health examination or the immunization as required, then the child shall be examined or receive the immunization, as the case may be, and present proof by October 15 of the current school year, or by an earlier date of the current school year established by a school district. To establish a date before October 15 of the current school year for the health examination or immunization as required, a school district must give notice of the requirements of this Section 60 days prior to the earlier established date. If for medical reasons one or more of the required immunizations must be given after October 15 of the current school year, or after an earlier established date of the current school year, then the child shall present, by October 15, or by the earlier established date, a schedule for the administration of the immunizations and a statement of the medical reasons causing the delay, both the schedule and the statement being issued by the physician, advanced practice nurse, physician assistant, registered nurse, or local health department that will be responsible for administration of the remaining required immunizations. If a child does not comply by October 15, or by the earlier established date of the current school year, with the requirements of this subsection, then the local school authority shall exclude that child from school until such time as the child presents proof of having had the health examination as required and presents proof of having received those required immunizations which are medically possible to receive immediately. During a child’s exclusion from school for noncompliance with this subsection, the child’s parents or legal guardian shall be considered in violation of Section 26-1 and subject to any penalty imposed by Section 26-10.

Every school shall report to the State Board of Education by November 15, in the manner which that agency shall require, the number of children who have received the necessary immunizations and the health examination as required, indicating, of those who have not received the immunizations and examination as required, the number of children who are exempt from health examination and immunization requirements on religious or medical grounds as provided in subsection (8). This reported information shall be provided to the Department of Public Health by the State Board of Education.

Upon determining that the number of pupils who are required to be in compliance with subsection (5) of this Section is below 90% of the number of pupils enrolled in the school district, 10% of each State aid payment made pursuant to Section 18-8 to the school district for such year shall be withheld by the regional superintendent until the number of students in compliance with subsection (5) is the applicable specified percentage or higher.

Parents or legal guardians who object to health examinations or any part thereof, or to immunizations, on religious grounds shall not be required to submit their children or wards to the examinations or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed statement of objection, detailing the grounds for the objection. If the physical condition of the child is such that any one or more of the immunizing agents should not be administered, the examining physician, advanced practice nurse, or physician assistant responsible for the performance of the health examination shall endorse that fact upon the health examination form. Exempting a child from the health examination does not exempt the child from participation in the program of physical education training provided in Sections 27-5 through 27-7 of this Code.

For the purposes of this Section, “nursery schools” means those nursery schools operated by elementary school systems or secondary level school units or institutions of higher learning. (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)

Illinois Compiled Statutes, Public Health

Communicable Disease Prevention Act

(410 ILCS 315/)

(410 ILCS 315/1) Sec. 1. Certain communicable diseases such as measles, poliomyelitis and tetanus, may and do result in serious physical and mental disability including mental retardation, permanent paralysis, encephalitis, convulsions, pneumonia, and not infrequently, death. Most of these diseases attack young children, and if they have not been immunized, may spread to other susceptible children and possibly, adults, thus, posing serious threats to the health of the community. Effective, safe and widely used vaccines and immunization procedures have been developed and are available to prevent these diseases and to limit their spread. Even though such immunization procedures are available, many children fail to receive this protection either through parental oversight, lack of concern, knowledge or interest, or lack of available facilities or funds. The existence of susceptible children in the community constitutes a health hazard to the individual and to the public at large by serving as a focus for the spread of these communicable diseases. It is declared to be the public policy of this State that all children shall be protected, as soon after birth as medically indicated, by the appropriate vaccines and immunizing procedures to prevent communicable diseases which are or which may in the future become preventable by immunization. (Source: P.A. 78-255; 78-303; 78-1297.)

(410 ILCS 315/2) Sec. 2. The Department of Public Health shall promulgate rules and regulations requiring immunization of children against preventable communicable diseases designated by the Director. Before any regulation or amendment thereto is prescribed, the Department shall conduct a public hearing regarding such regulation. In addition, before any regulation or any amendment to a regulation is adopted, and after the Immunization Advisory Committee has made its recommendations, the State Board of Health shall conduct 3 public hearings, geographically distributed throughout the State, regarding the regulation or amendment to the regulation. At the conclusion of the hearings, the State Board of Health shall issue a report, including its recommendations, to the Director. The Director shall take into consideration any comments or recommendations made by the Board based on these hearings. The Department may prescribe additional rules and regulations for immunization of other diseases as vaccines are developed. The provisions of this Act shall not apply if:

The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices or,

A physician employed by the parent or guardian to provide care and treatment to the child states that the physical condition of the child is such that the administration of one or more of the required immunizing agents would be detrimental to the health of the child.

(Source: P.A. 90-607, eff. 6-30-98.)

(410 ILCS 315/2a) Sec. 2a. Whenever a child of school age is reported to the Illinois Department of Public Health or a local health department as having been diagnosed as having acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC) or as having been shown to have been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of AIDS by testing positive on a Western Blot Assay or more reliable test, such department shall give prompt and confidential notice of the identity of the child to the principal of the school in which the child is enrolled. If the child is enrolled in a public school, the principal shall disclose the identity of the child to the superintendent of the school district in which the child resides. The principal may, as necessary, disclose the identity of an infected child to:

the school nurse at that school;

the classroom teachers in whose classes the child is enrolled; and

those persons who, pursuant to federal or state law, are required to decide the placement or educational program of the child. In addition, the principal may inform such other persons as may be necessary that an infected child is enrolled at that school, so long as the child’s identity is not revealed.

(Source: P.A. 85-1399.)

(410 ILCS 315/2b) Sec. 2b. From funds appropriated from the Ryan White AIDS Victims Assistance Fund, a special fund in the State treasury which is hereby created, the Illinois Department of Public Health shall make grants to public and private agencies for direct patient care, counselling or assistance for persons who are victims of acquired immunodeficiency syndrome (AIDS) or acquired immunodeficiency syndrome related complex (ARC). (Source: P.A. 87-342.)

(410 ILCS 315/2d) Sec. 2d. The Illinois Department of Public Health may pay for health insurance coverage with funds appropriated for this purpose on behalf of persons who are infected with the human immunodeficiency virus (HIV) and are eligible for “continuation coverage” as provided by the federal Consolidated Omnibus Budget Reconciliation Act of 1985 or group health insurance policies. The Illinois Department of Public Health shall adopt rules to establish income eligibility requirements for participation in this health insurance coverage program. The Illinois Department of Public Health shall also adopt rules and regulations to administer this program that are in compliance with the requirements of the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990. (Source: P.A. 92-275, eff. 8-7-01.)

(410 ILCS 315/3) Sec. 3. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion. (Source: P.A. 88-45.)

Restriction on DCFS Reporting

In 2001, the State government amended the definition of a neglected minor, which deliniates when the Department of Children and Family Services can intervene. The amendment states that a child who was an exemption from vaccination is not a neglected minor. Prior to the amendment DCFS was swamped from calls from hospital emergencies and schools reporting parents who did not vaccinate their children.

Gov. Ryan signed into law SB 1305, which removes the Department of Children and Family Services’ regulation of medical neglect for parents who choose to delay vaccination, fail or refuse to vaccinate their children based on medical or religious exemptions. As determined in the House floor debate, SB 1305’s legislative intent, also, includes families who delay or refuse vaccination for their children’s developmental problems, e.g., Down Syndrome, CP, autism, or other illnesses.

With SB 1305, doctors are free to advocate different vaccination schedules than recommended by medical societies for developmental issues or minor illnesses without writing a medical exemption.

This bill is not to be confused with SB 1304 which Governor Ryan vetoed. SB1304 would have limited the conflict of interest between Immunization Advisory Committee (IAC) members and vaccine manufacturers (see below). The governor received letters in July from individual IAC members upset with the legislature’s intent to limit membership in the committee to individuals not having financial ties to pharmaceutical companies. Vetoing the bill, he ignored the endorsement of the Illinois House and Senate, which voted unanimously in the bill’s favor. The bill’s sponsors intended on bringing the bill back in the fall veto session where a 2/3’s majority vote will override the governor’s veto, but no such bill passed.

This bill would have provided that a person is ineligible to serve on the Illinois Immunization Advisory Committee if the person or his spouse is an officer, employee, or agent of, or has any ownership or other financial interest in a pharmaceutical company that manufactures vaccines. It also would have prohibited Committee members or their spouses from soliciting or accepting anything of value or any other economic benefit from a pharmaceutical company that manufactures or produces vaccines unless it is offered and available generally to licensed physicians or the public. Senate Bill 1305, 92nd General Assembly

AN ACT in relation to minors.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Q. “Neglected child” means any child whose parent or other person responsible for the child’s welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child’s well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child’s welfare.
A child shall not be considered neglected or abused for the sole reason that the child’s parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. A child shall not be considered neglected or abused for the sole reason that the child’s parent or other person responsible for the child’s welfare failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by the law.

[Note that a different definition of “Neglected” is found in the Juvenile Court Act.]

(705 ILCS 405/2-3)

Sec. 2-3. Neglected or abused minor.

Those who are neglected include:

(a) any minor under 18 years of age who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor’s well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter, or who is abandoned by his or her parents or other person responsible for the minor’s welfare, except that a minor shall not be considered neglected for the sole reason that the minor’s parent or other person responsible for the minor’s welfare has left the minor in the care of an adult relative for any period of time;

Note that a different definition of “Neglected Child” is found in the Abused and Neglected Child Reporting Act, which lists several exceptions, but as of yet did not exclude vaccinations.

Section 665.210 Proof of Immunizations

Every child shall present, on or about the same time as he/she receives a health examination, proof to the local school authority of having received such immunizations as the Department shall require in Section 695.10 of the Immunization Code (77 Ill. Adm. Code 695).

(Source: Amended at 20 Ill. Reg. 11950, effective August 15, 1996)

Section 665.220 Local School Authority

Local school authority is defined as that person having ultimate control and responsibility for any public, private/independent and parochial elementary or secondary school or attendance center or nursery school operated by an elementary or secondary school or institution of higher learning.

(Source: Amended at 18 Ill. Reg. 4296, effective March 5, 1994)

Section 665.230 School Entrance

1. Every child, prior to enrolling in any public, private/independent or parochial school (includes nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) in Illinois shall present to that school proof of immunity against:

Diphtheria

Pertussis

Tetanus

Poliomyelitis

Measles

Rubella

Mumps

Haemophilus influenzae type b (as noted in Section 665.240(f))

Hepatitis B (as noted in Section 665.240(g))

Varicella (as noted in Section 665.240(h))

2. The health care provider verifying the administration of the required immunization shall record as indicated on the Certificate of Child Health Examination that the immunizations were administered.

3. Any child who does not submit proof of having protection by immunity as required must receive the needed vaccine. If for medical reasons one or more of the required immunizations must be given after the date of entrance of the current school year, a schedule for the administration of the immunizations and a statement of the medical reasons causing the delay must be signed by the health care provider who will administer the needed immunizations and be kept on file at the local school.

(Source: Amended at 26 Ill. Reg. 5921, effective July 1, 2002)

Section 665.240 Basic Immunization

1. Diphtheria, Pertussis, Tetanus

Any child 2 years of age or older entering a school program (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) must show proof (see Section 665.250(b)) of having received 4 or more doses of Diphtheria, Tetanus, Pertussis (DTP or DTaP) vaccine. The first 3 doses in the series must have been received no less than 4 weeks (28 days) apart. The interval between the third and fourth or final dose must be at least 6 months.

Any child entering school, kindergarten or first grade, for the first time must show proof (see Section 665.250(b)) of having received 4 or more doses of Diphtheria, Tetanus, Pertussis (DTP or DTaP) vaccine with the last dose being a booster and having been received on or after the fourth birthday. The first 3 doses in the series must have been received no less than 4 weeks (28 days) apart. The interval between the third and fourth or final dose must be at least 6 months. Children 6 years of age and older may receive Tetanus, Diphtheria (Td) vaccine in lieu of DTP or DTaP vaccine. Pertussis vaccine is not medically recommended for children 7 years of age or older.

Any child entering school at a grade level not included in subsection (a)(1) or (2) of this Section must show proof (see Section 665.250(b)) of receiving 3 or more doses of DTP, DTaP, pediatric DT or adult Tetanus, Diphtheria (Td) with the last dose being a booster and having been received on or after the fourth birthday. The first 2 doses in the series must have been received no less than 4 weeks (28 days) apart. The interval between the second and third or final doses must be at least 6 months.

Receipt of pediatric Diphtheria Tetanus (DT) vaccine in lieu of DTP or DTaP is acceptable only if the pertussis component of the vaccine is medically containdicated. Documentation of the medical containdication must be verified as specified in Section 665.520.

If 10 years have elapsed since the last booster, an additional Td booster is required. Receipt of Tetanus Toxoid (T.T.) vaccine is not acceptable in fulfilling this requirement.

2. Polio

Any child 2 years of age or older entering a school program (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) must show proof (see Section 665.250(b)) of having received 3 or more doses of polio vaccine (defined as oral poliovirus vaccine (OPV) or inactivated poliovirus vaccine (IPV)). Doses in the series must have been received no less than 4 weeks (28 days) apart.

Any child entering school at any grade level, K-12, must show proof (see Section 665.250(b)) of having received 3 or more doses of polio vaccine (defined as oral poliovirus vaccine (OPV) or inactivated poliovirus vaccine (IPV)). A child who received any combination of IPV and OPV must show proof of having received at least 4 doses, with the last dose having been received on or after the fourth birthday. Doses in the series must have been received no less than 4 weeks (28 days) apart. A child who received IPV exclusively or OPV exclusively must show proof of having received at least 3 doses, with the last dose having been received on or after the fourth birthday. Doses in the series must have been received no less than 4 weeks (28 days) apart.

3. Measles

Any child 2 years of age or older entering a school program (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) must show proof (see Section 665.250(b)) of having received one dose of live measles virus vaccine on or after the first birthday, or other proof of immunity described in Section 665.250(c).

Children entering at any grade level, K-12, must show evidence of having received 2 doses of live measles virus vaccine, the first dose on or after the first birthday and the second dose no less than 4 weeks (28 days) after the first or other proof of immunity described in Section 665.250(c).

For students attending school programs where grade levels (K-12) are not assigned, including special education programs, proof of 2 doses of live measles virus vaccine as described in subsection (c)(2) of this Section shall be submitted prior to the school year in which the child reaches the ages of 5, 10, and 15.

4. Rubella

Any child 2 years of age or older entering a school program at any grade level, including nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district, must show proof (see Section 665.250(b)) of receiving at least one dose of rubella vaccine on or after the first birthday. Proof of disease is not acceptable unless laboratory evidence of rubella immunity is presented (see Section 665.250(d)).

5. Mumps

Any child 2 years of age or older entering a school program at any grade level, including nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district, must show proof (see Section 665.250(b)) of receiving at least one dose of mumps vaccine on or after the first birthday. Proof of disease, if verified by a physician licensed to practice medicine in all of its branches, or laboratory evidence of mumps immunity may be substituted for proof of vaccination (see Section 665.250(e)).

6. Haemophilus influenzae type b (Hib)

Any child 2 years of age or older entering a school program (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) must show proof of immunization that complies with the Hib vaccination schedule in Appendix B of this Part.

Children 24-59 months of age who have not received the primary series of Hib vaccine, according to the Hib vaccination schedule, must show proof of receiving one dose of Hib vaccine at 15 months of age or older.

Any child 5 years of age or older shall not be required to provide proof of immunization with Hib vaccine.

7. Hepatitis B

Any child 2 years of age or older entering a school program (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergarten child care programs offered or operated by a school or school district) must show proof (see Section 665.250(b)) of having received 3 doses of hepatitis B vaccine. The first 2 doses must have been received no less than 4 weeks (28 days) apart. The interval between the second and third dose must be at least 2 months. For children entering a school program for the first time on or after July 1, 2002, the interval between the first dose and the third dose must be at least 4 months. The third dose must have been administered on or after 6 months of age. Proof of prior or current infection, if verified by laboratory evidence, may be substituted for proof of vaccination (see Section 665.250(f)).

Children entering the fifth grade for the first time between July 1997 and June 30, 2002 must show evidence of having received 3 doses of hepatitis B vaccine. The first 2 doses must have been received no less than 4 weeks (28 days) apart. The interval between the second and third dose must be at least 2 months. Proof of prior or current infection, if verified by laboratory evidence, may be submitted for proof of vaccination (see Section 665.250(f)).

Children entering the fifth grade for the first time on or after July 1, 2002 must show evidence of having received 3 doses of hepatitis B vaccine, or other proof of immunity described in Section 665.250(f). The first 2 doses must have been received no less than 4 weeks (28 days) apart. The interval between the second and third dose must be at least 2 months. The interval between the first and third dose must be at least 4 months. Proof of prior or current infection, if verified by laboratory evidence, may be submitted for proof of vaccination (see Section 665.250(f)).

The third dose of hepatitis B vaccine is not required if it can be documented that the child received 2 doses of adult formulation Recombivax-HB vaccine (10 mcg) and was 11-15 years of age at the time of vaccine administration, and the interval between receipt of the 2 doses was at least 4 months.

8. Varicella

Any child 2 years of age or older entering a school program under the kindergarten level (defined as nursery schools, pre-school programs, early childhood programs, Head Start, or other pre-kindergrten child care programs offered or operated by a school or school district) for the first time on or after July 1, 2002, must show proof (see Section 665.250(b)) of having received one dose of varicella vaccine on or after the first birthday, proof of prior varicella disease as described in Section 665.250(g), or laboratory evidence of varicella immunity.

Children entering kindergarten for the first time on or after July 1, 2002, must show proof of having received at least one dose of varicella vaccine on or after the first birthday, proof of prior varicella disease as described in Section 665.250(g), or laboratory evidence of varicella immunity.

For students attending school programs where grade levels are not assigned, proof of having received at least one dose of varicella vaccine on or after the first birthday or other proof of immunity as described in subsection (h)(2) of this Section shall be submitted prior to the school year in which the child reaches the age of 5.

(Source: Amended at 26 Ill. Reg. 10689, effective July 1, 2002)

Section 665.250 Proof of Immunity

Proof of immunity shall consist of documented evidence of the child having received a vaccine (verified by a health care provider, defined as a physician, child care or school health professional, or health official) or proof of disease (as described in subsections (c) through (f)). As used in this Section, “physician” (see Section 665.130) means a physician licensed to practice medicine in all of its branches (M.D., D.O.).

Day and month is required if it cannot otherwise be determined that the vaccine was given after the minimum interval or age.

Proof of prior measles disease must be verified with date of illness signed by a physician or laboratory evidence of measles immunity. A diagnosis of measles disease made by a physician on or after July 1, 2002 must be confirmed by laboratory evidence.

The only acceptable proof of immunity for rubella is evidence of vaccine (dates, see subsection (b)) or laboratory evidence of rubella immunity.

Proof of prior mumps disease must be verified with date of illness signed by a physician or laboratory evidence of mumps immunity.

Proof of prior or current hepatitis B infection must be verified by laboratory evidence. Laboratory evidence of prior or current hepatitis B infection is only acceptable if one of the following serologic tests indicates positivity: HBsAg, anti-HBc and/or anti-HBs.

Proof of prior varicella disease must be verified with:

1. date of illness signed by a physician; or

2. a health care provider’s interpretation that a parent’s or legal guardian’s description of varicella disease history is indicative of past infection; or

3. laboratory evidence of varicella immunity.

(Source: Amended at 26 Ill. Reg. 10689, effective July 1, 2002)

Section 665.260 Booster Immunizations

Those booster immunizations prescribed in Section 665.240 are required.

Section 665.270 Compliance with the Law

A child shall be considered in compliance with the law if all immunizations which a child can medically receive are given prior to entering school and a signed statement from a health care provider is presented indicating when the remaining medically indicated immunization will be received. Immunization schedules must be monitored by local school authorities to assure completion of the immunization schedule. If a child is delinquent for a scheduled appointment for immunization he/she is no longer considered to be in compliance.

Section 665.280 Physician Statement of Immunity

A physician licensed to practice medicine in all of its branches, who believes a child to be protected against a disease for which immunization is required may so indicate in writing, stating the reasons, and certify that he/she believes the specific immunization in question is not necessary or indicated. Such a statement should be attached to the child’s school health record and accepted as satisfying the medical exception provision of the regulation for that immunization. These statements of lack of medical need will be reviewed by the Department with appropriate medical consultation. After review, if student is no longer considered to be in compliance, the student is subject to the exclusion provision of the law.

(Source: Amended at 18 Ill. Reg. 4296, effective March 5, 1994)

Section 665.290 List of Non-Immunized Students

An accurate list shall be maintained at every attendance center of all children who have not presented evidence of immunity against diphtheria, pertussis (to age 6), tetanus, poliomyelitis, measles, rubella, mumps, Haemophilus influenzae type b (as noted in Section 665.240(f)), hepatitis B (as noted in Section 665.240(g)).

Section 665.510 Objection of Parent or Legal Guardian

Parent or legal guardian of a student may object to health examinations, immunizations, vision and hearing screening tests, and dental health examinations for their children on religious grounds. If a religious objection is made, a written and signed statement from the parent or legal guardian detailing such objections must be presented to the local school authority. The objection must set forth the specific religious belief which conflicts with the examination, immunization or other medical intervention. The religious objection may be personal and need not be directed by the tenets of an established religious organization. General philosophical or moral reluctance to allow physical examinations, immunizations, vision and hearing screening, and dental examinations will not provide a sufficient basis for an exception to statutory requirements. The local school authority is responsible for determining whether the written statement constitutes a valid religious objection. The parent or legal guardian must be informed by the local school authority of measles outbreak control exclusion procedures in accordance with the Department’s rules, Control of Communicable Diseases Code (77 Ill. Adm. Code 690) at the time such objection is presented.

(Source: Amended at 20 Ill. Reg. 11950, effective August 15, 1996)

Section 665.520 Medical Objection

1. Any medical objection to an immunization must be:

1. Made by a physician licensed to practice medicine in all its branches indicating what the medical condition is,

2. Endorsed and signed by the physician on the certificate of child health examination and placed on file in the child’s permanent record.

2. Should the condition of the child later permit immunization, this requirement will then have to be met. Parents or legal guardians must be informed of measles outbreak control exclusion procedures when such objection is presented per Section 665.510.

Section 695.20 Booster Immunizations

Section 695.30 Exceptions

The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his or her religious tenets or practices, or

A physician licensed to practice medicine in all its branches states in writing that the physical condition of the child is such that the administration of one or more of the required immunizing agents is medically contraindicated.

2. If a religious objection is made, a written and signed statement from the parent or legal guardian detailing such objections must be presented to the child care facility or local school authority. The religious objection statement shall be considered valid if:

The parent or guardian of a child entering a child care facility objects to the immunization(s) on the grounds that they conflict with the tenets and practices of a recognized church or religious organization of which the parent is an adherent or member; or

The objection by the parent or guardian of a child entering school (including programs under the kindergarten level) sets forth the specific religious belief which conflicts with the immunization(s). The religious objection may be personal and need not be directed by the tenets of an established religious organization.

3. It is not the intent of this Part that any child whose parents comply with the intent of this Act should be excluded from a child care facility or school. A child or student shall be considered to be in compliance with the law if there is evidence of the intent to comply. Such evidence may be a signed statement from the physician that he has begun, or will begin, the necessary immunization procedures, or the parent’s or guardian’s written consent for the child’s participation in a school or other community immunization program.

An accurate list shall be maintained at every child care facility or attendance center of all children who have not presented evidence of immunity against diphtheria, pertussis (to age six), tetanus, poliomyelitis, measles, rubella, mumps and Haemophilus influenzae type b (to age five).

(Source: Amended at 17 Ill. Reg. 2975, effective February 11, 1993)

Section 695.50 Proof of Immunity

Proof of immunity shall consist of documented evidence of the child having received a vaccine (verified by a health care provider, defined as a physician, child care or school health professional, or health official) or proof of disease (as described in subsections (c) through (f) below). As used in this Section, “physician” means a physician licensed to practice medicine in all of its branches (M.D. or D.O.).

The day and month of the vaccine is required if it cannot otherwise be determined that the vaccine was given after the minimum interval or age.

Proof of prior measles disease must be verified with the date of illness signed by a physician, or laboratory evidence of immunity.

The only acceptable proof of immunity for rubella is evidence of vaccine (see subsection (b) above) or laboratory evidence of immunity.

Proof of prior mumps disease must be verified with date of illness signed by a physician or laboratory evidence of immunity. Laboratory evidence of mumps is only acceptable if the diagnostic test utilized to assess immunity is one with demonstrated reliability, including neutralization, enzyme-linked immunosorbent assay (ELISA or EIA), or radial hemolysis antibody test. A four-fold rise in mumps antibody titer between appropriately spaced acute and convalescent sera is also acceptable as proof of immunity.

Proof of prior or current hepatitis B infection must be verified by laboratory evidence. Laboratory evidence of prior or current hepatitis B infection is only acceptable if one of the following serologic tests indicates positivity: HBsAg, anti-HBc and/or anti-HBs.

Age at 1st dose (mos.)# of doses for Primary seriesBoosterTotal number of series

Vaccine

HbOC/PRP-T HibTITER(TM)

2-6

3 doses,2mo.apart(a)

12-15 mo.(b)(c)

4

7-11

2 doses,2mo.apart(a)

12-18 mo.(b)(c)

3

12-14

1 dose

15 mo.(b)(c)

2

ActHib(e)(TM) OmniHib(TM) TETRAMUNE(TM)

15-59

1 dose(d)

None

1

PRP-OMP PedvaxHIB(TM)

2-6

2 doses,2mo.apart(a)

12 mo.(b)(c)

3

7-11

2 doses,2mo.apart(a)

12-18 mo.(b)(c)

3

12-14

1 dose

15 mo.(b)(c)

2

15-59

1 dose(d)

None

1

PRP-D ProHIBIT(TM)

15-59

1 dose(c)(d)

None

1

(a) Minimally acceptable interval between doses is one month(b) At least two months after previous dose(c) After the primary infant Hib vaccine series is completed, any of the licensed Hib conjugate vaccines may be used as a booster dose(d) Children 15-59 months of age should receive only a single dose of Hib vaccine(e) Reconstituted with DTP as a combined DTP/Hib vaccine (TM) TrademarkNote: A DTP/Hib combination vaccine can be used in place of HbOC or PRP-T(Source: Amended at 20 Ill. Reg. 11962, effective August 15, 1996)